Novartis bid to revive multiple sclerosis drug Gilenya patent rebuffed by US Supreme Court

The U.S. Court of Appeals for the Federal Circuit determined last year that the patent was invalid, in a 2-1 reversal of its own previous split decision to uphold the patent.

The Supreme Court in October rejected a Novartis emergency bid to pause the decision. Novartis argued that the ruling would greenlight at least a dozen generics and harm it in ways that could be "impossible to calculate at an after-the-fact damages trial."

Novartis later told the Supreme Court that the patent was valid and that the Federal Circuit's initial decision should have been reviewed by the full appeals court, not another three-judge panel with two of the same judges.

HEC responded that the Federal Circuit "followed its own rules," and that "no Federal Circuit judge - including the dissenter - suggested any procedural concern" with the decision.

Novartis said in a statement on Monday that it acknowledges the decision by the Supreme Court not to hear the appeal and remains "deeply committed to the MS community." Representatives for HEC did not immediately respond to a request for comment.

Read also: US Supreme Court turns down Novartis bid to block launch of multiple sclerosis drug Gilenya generics